1. Pre-Release CenterPlanning Department
201 1St Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
REPORT TO: Kalispell Mayor and City Council
FROM: Tom Jentz, Director 19-d
Myrt Webb, Interim City Manager
SUBJECT: Community Counseling and Correctional Services request for a
conditional use permit for a Pre-release Center.
MEETING DATE: March 30 Council Work Session
The Kalispell City Planning Board met on March 10, 2009 and held a public hearing to
consider a request by Community Counseling and Correctional Services (CCCS) of Butte
Montana for a conditional use permit to operate a pre-release center at 2282 Highway 93
South in Kalispell. The site in question is presently zoned B-2 (General Business). A zone
change to P-1 Public is being concurrently applied for with this application. Under the P-1
zoning district, pre-release centers (jail facilities) are considered a conditional use.
The Montana Department of Corrections has awarded a pre-release center contract for the
Kalispell area to Community Counseling and Correctional Services of Butte, to operate a
maximum 40 bed pre-release center facility. They are contract buyers for the site under
consideration. The previous tenants, Montana Health and Human Services Department,
moved to a different location over a year ago and the facility has been vacant since that
time.
The site contains an existing 12,750 square foot office building. The applicants would
remodel this facility, converting it to accommodate a maximum of 40 residents and the
associated administrative offices and counseling/therapy facilities. In addition, the
applicant proposes to add a 4,750 square foot addition off of the rear (west) side of the
building to house a cafeteria, kitchen and bathroom/shower/laundry facilities. They
would also add a fenced outside recreation yard measuring 30' x 50' between the existing
building and the cafeteria addition on the rear (west) side of the property.
The Planning Board met on March 10, 2009 and held a public hearing on this issue. At
the hearing, Tom Jentz, of the Kalispell Planning Department, presented staff report
#KCU-09-01 and gave a history of the events that brought the pre-release center to
Kalispell including the formation of a local pre-release working committee that met twice
monthly for over a year. Jentz summarized experiences of other communities that had
similar facilities and concluded with a recommendation to approve with 6 conditions. The
conditions addressed modifications to the parking scheme and a requirement for a local
payment of cash in lieu of property taxes.
Prior to the hearing 10 letters of opposition were received opposing the location of a pre-
release center on the site. At the hearing, 5 people spoke in opposition and a petition
signed by 146 individuals opposing the conditional use permit request for a pre-release
center on the site was submitted to the planning board. It was noted that the petition
contained names both of the adjoining property owners as well as general residents of the
Flathead Malley. The primary issues of concern appeared to be safety, a concern that the
use would devalue adjoining properties and that this use would set a negative tone for the
future investment and development of the area. The applicants and three individuals
spoke in favor of locating the pre-release center on this site.
The board debated the issue at great length. Ultimately, the planning board voted 6 to 1
to recommend approval of the pre-release center conditional use permit with the attached
6 conditions.
Report compiled: March 17, 2009
Attachments: Staff report # KCU-09-01 and application materials
Draft Minutes 3/ 10/09 planning board meeting
Letters / Petitions
c: Theresa White, Kalispell City Clerk
Rory Young
Jackola Engineering and Architecture
2250 Highway 93 South
Kalispell, Montana 59901
Mike Thatcher
Community Counseling and Correctional Services
471 East Mercury
Butte, MT 59701
R. Dick Mitsch
P.O. Box 1273
225 Rosewood Drive
Columbia Falls, MT 59912
EXHIBIT A
COMMUNITY COUNSELING & CORRECTIONAL SERVICES
NORTHWEST MONTANA TRANSITION "PRE-RELEASE" CENTER
KALISPELL CITY PLANNING BOARD
MARCH 10, 2009
The Kalispell City Planning Board held a public hearing on this matter at the regularly
scheduled planning board meeting on March 10, 2009. The following conditions are
recommended with approval of the conditional use permit:
The facility shall provide a minimum of 17 parking spaces (based on one space for
each employee of the maximum shift (16) and one space for visitors. This
standard shall be reviewed by the planning department six months after
occupancy to determine if it is adequate. If it is determined to be inadequate, the
applicants shall take appropriate actions to improve parking conditions on -site as
determined by the planning office.
2. The 9 existing parking spaces along the east side of the building shall be
reconfigured so that they do not back out into the 40 foot frontage road and utility
easement. Parallel parking would be acceptable at this location.
3. The north side parking lot shall be modified as follows to reduce a conflict between
parked cars and traffic on the frontage road.
a. A minimum 5 foot wide planter boulevard strip shall be installed adjacent
to the north side frontage road behind the exposed curb face. The
boulevard shall separate the internal parking lot from the frontage road
and shall serve to define the entrances into the parking lot.
b. The planter shall include a combination of street trees and live growing
materials as approved by the Kalispell Parks Department. Two inch and
smaller round river rock is prohibited.
c. The existing two tiers of parking shall be re -designed to comply with city
parking lot design standards.
4. The road and utility easements along the north side of the property shall he
corrected to ensure that they adequately cover the north side frontage road 40
foot R/W.
5. The applicants shall enter into an agreement with the city for an annual "payment
in lieu of local property taxes" (PILT) to address the shortfall in the payment of
municipal services when the facility becomes tax exempt.
6. That commencement of the approved activity must begin within 18 months from
the date of authorization or that a continuous good faith effort is made to bring
the project to completion.
Page 1 of 1
Michelle Anderson
From: Michelle Anderson
Sent: Monday, March 23, 2009 8:02 AM
To: Tom Jentz
Subject: Telephone msg against Pre -Release
Tom,
This morning (March 23) there was a message on our voice mail from Friday at 5:41 p.m. A woman (no
name given) is opposed to the center - she lives on Woodland Avenue — her kids walk back and forth to
swimming lessons at Woodland Park. These center draws criminals to the community. She doesn't think
the residents of the center should be working out their problems in communities where there are
children. She knows for a fact that the residents walk away and then no one knows who is in their
neighborhood. She hopes to God that the pre-release center is not approved.
Michelle Anderson
Office Administrator
Kalispell Planning & Building Dept.
201 First Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
email: manderson@kalispell.com
3/23/2009
25 Feb 09 03:23p Murcon Development Ltd. (403) 237-7676 p.2
Murcon Development Inc.
2510, 530 — 8"' Avenue S.W.
Calgary, Alberta T2P 3S8
Phone (403) 269-54I6
Fax (403) 237-7676
February 25, 2009
City of Kalispell
Planning Department
201 — I" Avenue East
Kalispell, MT 59901
Attention: Tom Jentz
Re: Notice of Public Hearing March 10, 2009
Items 4 1 and 2 Request by R. Dick Mitsch
Dear Tom:
Murcon Development Inc. is in receipt of a Notice of Public Hearing, Kalispell City Planning
Board and Zoning Commission to be held at 7:00 PM on March 10, 2009.
The Ietter gives notice of the following two items:
A request by R. Dick Mitsch for a zone change from B-2 General Business to P-1 Public
for 2 tracts of land totaling 1.78 acres located on the west side of US Highway 93 South
in Kalispell just south of the Kelly Road intersection. The property address is 2282 US
Highway 93 South and is more particularly described as Tract A of COS 15749 and COS
6682 in Section 20, Township 28N, Range 21 W, P.M.M. Flathead County Montana.
2. A request by R. Dick Mitsch on behalf of Community Counseling and Correctional
Services, Inc of Butte, MT for a Conditional Use Pernut (CUP) to operate the Northwest
Montana Transition Center. The Transition Center would be a 40 bed "Pre -Release
Center" to be operated at 2282 US Highway 93 South in Kalispell. The property is
petitioning to be rezoned to P-1 Public (see agenda item I above). Pre -Release centers
are allowed by conditional use in the P-1 zone. The site contains an existing office
building on 1.78 acres of land. The exterior of the property would remain generally
unchanged however the interior would be remodeled to accommodate the 40 residents
and a maximum staff of 23. A 4,750 square foot addition housing a kitchen/dining
facility and bathrooms will be added to the back (westerly side) of the existing facility.
This center will operate under contract with the MT Department of Corrections. For a
specific legal description, please refer to agenda item 1 above.
25 Feb 09 03:23p Murcon Development Ltd. (403) 237-7676 p.3
Page 2 o f 2
Notice of Public Heating March 10, 2009
Items # 1 & 2 Request by R. Dick Mitsch
Thank you for taking the time to discuss the above items and to clarify the type of facility being
proposed. Further to the notice and our discussions, Murcon Development Inc. (after careful
consideration of the above proposals), is opposed to both of the requests listed above. Please
make a note of our opposition for your records.
Murcon Development Inc. is an immediate adjacent landowner to the proposed request. We
object for the following reasons:
The proposed change is incompatible with the present business uses in the area and is
incompatible with the present zoning in the area. The proposed zoning change and use is
basically residential which is a nonconforming use to the business/commercial use in the
area.
2. A proposal of this type would have a direct economic impact on the worth of the
surrounding properties, particularly Murcon Development Inc. as an adjacent land owner.
Murcon Development Inc. has two business development lots in the area and a change of
the type proposed could highly jeopardize the salability and future development of the
lots owned by Murcon Development Inc.
Murcon Development Inc., as a developer of the Daley Field Subdivision, committed extensive
tune and expense toward the development of the Daley Field Subdivision and worked
cooperatively with the City of Kalispell. Murcon Development Inc. feels an approval of the
requests in the Notice of Public Hearing would be detrimental to the entire Daley Field
Subdivision.
Doug Denmark will be attending the Public Hearing and has full authority to act on behalf of
Murcon Development Inc.
ours tru ,
Murph Harmon
President
Murcon Development Inc.
cc: Doug Denmark
Page 1 of 1
Michelle Anderson
From: C.Byrd@flathead.coop
Sent: Tuesday, March 10, 2009 1:05 PM
To: manderson@kalispell.com
Subject: Pre-release Center Location
Dear Kalispell Planning Office,
I am unable to attend tonight's meeting concerning the location of the Pre-release Center so I'm writing to
express my views to you.
First, I would like to say that I am not against the concept of a Pre-release Center -I think they are a great means
of getting inmates back into society as productive citizens.
I am sorely disappointed in the choosing of the location. Kalispell has been trying to upgrade the appeal of the
south entrance to the city for some time now. The center does not need commercial highway frontage. By
putting the center in the proposed location next to Penco it would stimy any further commercial development
next to it. There are 3-4 empty commercial lots next to the proposed center that I am sure will remain
unoccupied for a long time. If I were a business looking to locate in that area, I would not want to have my
business close to that center and I sure you wouldn't either. There has to be a better location that doesn't have
this kind of negative impact.
Again, I'm not against the concept of a pre-release center, I'm just strongly opposed to this location because of
the negative impact to the surrounding businesses.
Thank You for the opportunity to comment.
Sincerely,
Chris H & Maureen Byrd
3/10/2009
=y§16e = v r-
2310 Highway 93 South
Kalispell, Montana 59901
3/5/Q9
To The Kalispell Zoning Board
I am writing this letter in objection to the zoning change proposed for 2282 Hwy 93 S. As a tax payer and
business owner from the south 93 businesses, l do object to the site selected for the Kalispell Pre-release
Center. If allowed, it will lower the land values and distort the image we are all working so hard to create
for South Hwy 93. The Pre-release Center is something that is needed, but not at the entrance to our city.
Please take the time to look further into the impact it will have on South Kalispell before choosing this
location.
Sincerely,
ghn Penrod
Owner/Manager
Penco Power Products
www.yamahanow.com
(406) 755-6229
2310 Highway 93 South
Kalispell, Montana 59901
March 4, 2009
Flathead County Zoning Committee,
I am writing in regards to the proposed zoning change for a pre-release center on Hwy 93 South. It has
been my understanding that the goal for the south end of town has been to create an appealing entrance to
our city. It was only 6 months ago there was talk about not only the progress business owners have made
with the development of sidewalks, landscaping, etc., but that the city was discussing the idea of a new
"Welcome to Kalispell" sign along with new street lights and even more landscaping to our main entrance
of town. It is surprising that we are now heading down a very different road. By approving this zone
change, thus allowing for a pre-release center at this location, it defeats all that we have done as business
owners, and as city officials. There are other locations for this facility that are much more appropriate.
Please also take into consideration the impact this will have on property values on Hwy 93 South.
There is no doubt that there needs to be a transition time for prison released individuals. I am pleased that
the state recognizes that, without this time, there is a greater chance of relapse. However, This location is
not the best for all interests. In most other cities, the locations of such, are very different than the site being
proposed in our city of Kalispell.
The future of the appearance and value of our great cities entrance is in your hands. Please do what is right
for Kalispell.
Thank You,
Trinette E. Penrod
IMM
I am writing in regards to the proposed zoning change for a pre-release center on Hwy 93 South. It has
our ciop. It was only 6 months ago there was talk about not onlij the proaTess business owners have made
with the development of sidewalks, landscaping, etc., but that the city was discussing the idea of a new
sitrMUTIJ wiiirrmw sirmtfig&S 20f
of town. It is surprising that we are now heading down a very different road. By approving this zone
change, thus allowing for a pre-release center at this location, it defeats all that we have done as business
owners, and as city officials. There are other locations for this facility that are much more appropriate.
F81ease also take into consideration the impact this will have on property values on Hwy 93 Son& —
There is no doubt that there needs to be a transition time for prison released individuals. I am pleased that
the state recognizes that, without this time, there is a greater chance of relapse. However, This location is
not the best for all interests. in most other cities, the locations of such, are very different than the site being
proposed in our city ♦ Kalispell.
for Kalispell.
T'hank You,
Steve Konopatzke
228
March 4, 2009
Flathead County Zoning Committee,
I am writing in regards to the proposed zoning change for a pre-release center on Hwy 93 South. It has
been my understanding that the goal for the south end of town has been to create an appealing entrance to
our city. It was only 6 months ago there was talk about not only the progress business owners have made
with the development of sidewalks, landscaping, etc., but that the city was discussing the idea of a new
"Welcome to Kalispell" sign along with new street lights and even more landscaping to our main entrance
of town. It is surprising that we are now heading down a very different road. By approving this zone
change, thus allowing for a pre-release center at this location, it defeats all that we have done as business
owners, and as city officials. There are other locations for this facility that are much more appropriate.
Please also take into consideration the impact this will have on property values on Hwy 93 South.
There is no doubt that there needs to be a transition time for prison released individuals. I am pleased that
the state recognizes that, without this time, there is a greater chance of relapse. However, This location is
not the best for all interests. In most other cities, the locations of such, are very different than the site being
proposed in our city of Kalispell.
The future of the appearance and value of our great cities entrance is in your hands. Please do what is right
for Kalispell.
Thank You,
Jeff Loftin
c
/9 �
ORTUMMM,
Flathead County Zoning Committee,
I am 1• in regards to the proposed zoning change for a pre-release center on Hwy • South. It has
our c4,,. IA was only, 6 months aggo there was talk about not mLLflLe-,ymgress business owners have made
with the development of sidewalks, landscaping, etc., but that the city was discussing the idea of a new
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proposed in ► city of Kalispell.
e
forKatispell.
Thank You,
Ryan Brechbill
March 4, 2009
Flathead County Zoning Committee,
I am writing in regards to the proposed zoning change for a pre-release center on Hwy 93 South. It has
been my understanding that the goal for the south end of town has been to create an appealing entrance to
our city. It was only 6 months ago there was talk about not only the progress business owners have made
with the development of sidewalks, landscaping, etc., but that the city was discussing the idea of a new
"Welcome to Kalispell" sign along with new street lights and even more landscaping to our main entrance
of town. It is surprising that we are now heading down a very different road. By approving this zone
change, thus allowing for a pre-release center at this location, it defeats all that we have done as business
owners, and as city officials. There are other locations for this facility that are much more appropriate.
Please also take into consideration the impact this will have on property values on Hwy 93 South.
There is no doubt that there needs to be a transition time for prison released individuals. I am pleased that
the state recognizes that, without this time, there is a greater chance of relapse. However, This location is
not the best for all interests. In most other cities, the locations of such, are very different than the site being
proposed in our city of Kalispell.
The future of the appearance and value of our great cities entrance is in your hands. Please do what is right
for Kalispell.
Thank You,
William Weseman
March 4, 2009
Flathead County Zoning Committee,
I am writing in regards to the proposed zoning change for a pre-release center on Hwy 93 South. It has
been my understanding that the goal for the south end of town has been to create an appealing entrance to
our city. It was only 6 months ago there was talk about not only the progress business owners have made
with the development of sidewalks, landscaping, etc., but that the city was discussing the idea of a new
"Welcome to Kalispell" sign along with new street lights and even more landscaping to our main entrance
of town. It is surprising that we are now heading down a very different road. By approving this zone
change, thus allowing for a pre-release center at this location, it defeats all that we have done as business
owners, and as city officials. There are other locations for this facility that are much more appropriate.
Please also take into consideration the impact this will have on property values on Hwy 93 South.
There is no doubt that there needs to be a transition time for prison released individuals. I am pleased that
the state recognizes that, without this time, there is a greater chance of relapse. However, This location is
not the best for all interests. in most other cities, the locations of such, are very different than the site being
proposed in our city of Kalispell.
The future of the appearance and value of our great cities entrance is in your hands. Please do what is right
for Kalispell.
r
Thank You,
David Daughtry
2009 � MAR 5 PM IU2:3,
March 5, 2009
Dear Sir or Madam,
As a resident of this County, I come to you today to inform you of my thoughts on the
pre-release center proposed for Highway 93 South.
When I moved here, the entrance to the city was deplorable. Such a beautiful geographic
location and such an eyesore! And the county seat to boot! What about being the gateway
to Glacier National Park?!.
The business owners on Highway 93 South are to be commended for their wonderful
work to beautify that part of town. Now, it is with pride that I welcome visitors. What a
boost to our tourism industry! PIease do not discourage our Highway 93 South business
owners after all the efforts and money they have spent.
I do not disagree with the pre-release center concept, however I do not see the good sense
reasoning behind the proposed location: closest to the fastest escape route by air
(Kalispell City Airport) or by land (Highway 93)!
Just consider the impact on the nearby already established businesses and residences! ! !
Doesn't longevity deserve some consideration?
Sincerely,
{:
Andree Laroche
Tom Jentz
From:
Theresa White
Sent:
Tuesday, February 24, 2009 10:32 AM
To.
Hank Olson (maryolson2001 @yahoo.com); Jim Atkinson 0atkinson@flathead.mt.gov); Kari
Gabriel; Kari Gabriel (gabrielk@sd5.kl2.mt.us); larsonbd@centurytel.net; Pam Kennedy
(pkennedy@kalispell.com); pam@kowboy.com; Randy Kenyon (randyk@centurytel.net);
robertt@montana.com; Tim Kluesner (twkluesner@centurytel.net); Wayne Saverud; Wayne
Saverud
Cc:
Tom Jentz (tjentz@kalispell.com); Myrt Webb
Subject:
FW: Pre-release center
Attachments:
tech.gif
From: Merna Terry [mailto:merna@ronterryconstruction.com]
Sent: Tuesday, February 24, 2009 9:52 AM
To: citycouncil@kalispell.com
Subject: Pre-release center
Dear Mayor and City council members,
I am writing this letter to express my support for the pre-release center being placed in the old DHHS building
on Highway 93. Tlus center will bring jobs to our coinmunity and will make good use of an existing builduig.
Sincerely,
Merna H. Terry, Vice President
Ron Terry Construction, Inc.
(406) 755-7516
www.ronterryconstruction.com
Click here to subscribe to our Building Success newsletter. It is meant to be informative not promotional.
Tom Jentz
From:
Theresa White
Sent:
Tuesday, February 24, 2009 10:32 AM
To:
Hank Olson (maryolson2001 @yahoo.com); Jim Atkinson (jatkinson@flathead.mt.gov); Kari
Gabriel; Kari Gabriel (gabrielk@sd5.kl2.mt.us); larsonbd@centurytel.net; Pam Kennedy
(pkennedy@kalispell.com); pam@kowboy.com; Randy Kenyon (randyk@centurytel.net);
robertt@montana.com; Tim Kluesner (twkluesn er@centurytel. net); Wayne Saverud; Wayne
Saverud
Cc:
Tom Jentz (tjentz@kalispell.com); Myrt Webb
Subject:
FW: Pre-release center
Attachments:
tech.gif
From: Merna Terry [mailto:merna@ronterryconstruction.com]
Sent: Tuesday, February 24, 2009 9:52 AM
To: citycouncil@kalispell.com
Subject: Pre-release center
Dear Mayor and City council members,
I am writing this letter to express my support for the pre-release center being placed in the old DHHS building
on Highway 93. This center will bring jobs to our community and will make good use of an existing building.
Sincerely,
Merna H. Terry, Vice President
Ron Terry Construction, Inc.
(406) 755-7516
www. ronterryconstruction.com
Click here to subscribe to our Building Success newsletter. It is meant to be informative not promotional.
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the proposed location of the Pre -Release center.
The Proposed location: 2282 HWY 93 South, Kalispell Mt 59901.
By signing you are saying that you do NOT support the proposed
location.
We the Citizens & Business owners of South Kalispell are against
the proposed location of the Pre -Release center.
The Proposed location: 2282 HWY 93 South, Kalispell Mt 59901.
By signing you are saying that you do NOT support the proposed
location.
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PETITION AGAINST PRE-RELEASE CENTERLL
PROPOSED LOCATION
We the Citizens & Business owners of South Kalispell are against
the proposed location of the Pre -Release center.
The Proposed location: 2282 HWY 93 South, Kalispell Mt 59901.
By signing you are saying that you do NOT support the proposed
location.
Name: Address: Phone:OPT Date:
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